False Allegations Led to Amber Alert

Jessica Smith, the 11-year-old Fort Worth girl who was the focus of an Amber Alert, admitted that her mother concocted a story about her father molesting her, which enraged her mother and led to the nationwide search, the father’s attorney said Monday.

The Smiths are in the middle of a nasty divorce and child custody fight.

NBC 5 has learned the girl made the admission to a school counselor on the same day police said her mother, Kimberly Smith, assaulted her and then disappeared with her that night.

Arrest warrants and affidavits claim Smith attempted to smother her daughter and threatened to kill Jessica and herself the day before Jessica was abducted. Read the full documents here.

The two were found Sunday, hungry and exhausted, in a remote area of northern New Mexico, police said.

Jessica’s father, Phillip Smith, was charged with assault after the girl made the graphic allegations that he had assaulted her.

Phillip Smith’s attorney, Tom Pappas, of Dallas, said he expected prosecutors to drop the case as early as Tuesday.

"Clearly, the mom ran because she forced Jessica to fabricate these allegations and was about to be uncovered -- or had been uncovered,” Pappas said.

Melody McDonald, a spokeswoman for the Tarrant County district attorney’s office, said the charges still stand but the new information is being reviewed.

NBC 5 doesn't usually name alleged victims of sexual assault. But in this case, Jessica Smith recanted the allegations, and the revelation sheds new light on what led to the Amber Alert.

"It's unfortunate her mom put her through this and put her center in all this stuff and then did the crazy stuff she did,” Pappas said. “We're glad she's all right."

Jessica Smith will stay with grandparents for now, but her father hopes to regain custody within days, the attorney said.  Jessica was released to the custody of family members late Monday night.

"He loves his daughter,” Pappas said. “The only thing he wanted is she's safe. As long as she's safe, everything else can be resolved."

Fort Worth police are awaiting the extradition of Kimberly Smith, who is being held in New Mexico.

Link: http://www.nbcdfw.com/news/local/Attorney-Says-False-Allegations-Led-to-Amber-Alert-139264183.html

False Allegations Led to Amber Alert

Jessica Smith, the 11-year-old Fort Worth girl who was the focus of an Amber Alert, admitted that her mother concocted a story about her father molesting her, which enraged her mother and led to the nationwide search, the father’s attorney said Monday.

A follow up to our story HERE.



Since two mental health "experts" say that she really does believe she'd been raped, she isn't going to go to jail. My question for them is, if she really believes she has been raped, why exactly did she admit that she lied about being raped? That doesn't really seem to work.




She now is on 3 years probation, continued mental health counseling and has to pay back the costs of the rape kit as well as an additional $500 fine. She must also spend 180 days on house arrest and wear an ankle monitor and perform 100 hours of community service.



And if she was willing to falsely accuse someone once, how is it that she is unlikely to re-offend? Because she had (not "has") "sever anxiety issues"? This is trotting out all of the excuses that are possible to keep her from being held for a custodial sentence for falsely accusing someone of rape.



Judge Beth Meyers has assisted in painting a target on every man in Michigan that may run into Ms. St. Charles, and should be ashamed of herself.



Link:

http://news.cincinnati.com/article/20110809/NEWS010702/308090059/False-rape-report-leads-probation?odyssey=tab|topnews|text|FRONTPAGE

A follow up to our story HERE.

Since two mental health "experts" say that she really does believe she'd been raped, she isn't going to go to jail. My question for them is, if she really believes she has been raped, why exactly did she admit that she lied about being raped? That doesn't really seem to work.

Three months in jail and two years probation for Charissa Bella Shuman

Charissa Bella Shuman made a false sexual assault allegation that landed a man in custody for 23 hours, of which 6 hours was spent at a hospital for an anxiety attack and chest pains.

There is no mention of the second man, and whether he was taken in to custody or not.

I'm glad to see that the Judge, Jim Hunter, acknowledged the harm a false accusation can make:
“The real harm here is that an innocent person may have been prosecuted,"


The good news is that it doesn't appear that the unnamed man was ever charged with anything, so at least there won't be any social stigma that attaches to him.

Add that Ms. Schuman also has received 75 hours of community service, and I think we can say that she has received a just punishment.

While I'm happy to see she has written letters of apology, I can't agree that she didn't have any "malicious" intent. You don't accuse someone of raping you out of the kindness of your heart.

Link:
http://www.albertalocalnews.com/reddeeradvocate/news/local/False_sex_assault_allegation__lands_young_woman_in_jail_124069214.html

Three months in jail and two years probation for Charissa Bella Shuman

Charissa Bella Shuman made a false sexual assault allegation that landed a man in custody for 23 hours, of which 6 hours was spent at a hospital for an anxiety attack and chest pains.

Strathpeffer woman, Emily MacNicol, fined for false rape claim

So she was a student at Strathclyde University, studying bio-chemical science. She is obviously a very intelligent person.

The thing that stands out to me, is why the judge in this case didn't do the following:

1. It appears she has already been in treatment for some issues. If there are that many, and they are that serious, why is she not in a facility?

2. Why didn't the judge have her committed to a facility for further treatment?

Instead she gets a £300 fine and she is living at home with her parents. Was any thought given, that the next time she claims rape, she may point the finger at an innocent man, and his life could be severely damaged due to the claim?

I guess not.

Link: http://www.north-star-news.co.uk/News/Dingwall-woman-fined-for-false-rape-claim-16062011.htm

Strathpeffer woman, Emily MacNicol, fined for false rape claim

So she was a student at Strathclyde University, studying bio-chemical science. She is obviously a very intelligent person.

The thing that stands out to me, is why the judge in this case didn't do the following:

1. It appears she has already been in treatment for some issues. If there are that many, and they are that serious, why is she not in a facility?

2. Why didn't the judge have her committed to a facility for further treatment?

Instead she gets a £300 fine and she is living at home with her parents. Was any thought given, that the next time she claims rape, she may point the finger at an innocent man, and his life could be severely damaged due to the claim?

I guess not.

Link: http://www.north-star-news.co.uk/News/Dingwall-woman-fined-for-false-rape-claim-16062011.htm